1. No category

Copyright © 2002-2014, Judicial Branch, State of Connecticut. All rights reserved .
2014 Edition
Premarital (Antenuptial) and
Postnuptial Agreements in Connecticut
A Guide to Resources in the Law Library
Table of Contents
Introduction .................................................................................................... 3
Section 1: Current Premarital Agreement Law ..................................................... 4
Table 1: Connecticut Premarital Agreement Act: House Debate ........................ 11
Section 2: Postnuptial Agreement Law .............................................................. 12
Section 3: Prior Premarital Agreement Law ........................................................ 16
Table 2: Three Prong Test ............................................................................ 19
Section 4: Premarital Agreement Form and Content .......................................... 20
Table 3: Contents of Antenuptial Agreement .................................................. 25
Section 5: Enforcement and Defenses ............................................................... 26
Table 4: Enforcement of Antenuptial Agreement ............................................. 31
Table 5: Surveys of State Premarital Agreement Laws ..................................... 32
Section 6: Modification or Revocation ............................................................... 33
Section 7: Federal Tax Aspect .......................................................................... 35
Section 8: State Tax Aspect ............................................................................ 37
Appendix: Legislative Histories in the Connecticut Courts ................................. 38
Prepared by Connecticut Judicial Branch, Superior Court Operations,
Judge Support Services, Law Library Services Unit
[email protected]
These guides are provided with the understanding that they represent
only a beginning to research. It is the responsibility of the person doing legal
research to come to his or her own conclusions about the authoritativeness,
reliability, validity, and currency of any resource cited in this research guide.
View our other pathfinders at
http://www.jud.ct.gov/lawlib/selfguides.htm#Pathfinders
This guide links to advance release slip opinions on the Connecticut Judicial Branch
website and to case law hosted on Google Scholar.
The online versions are for informational purposes only.
Connecticut Judicial Branch Website Policies and Disclaimers
http://www.jud.ct.gov/policies.htm
Premarital and Postnuptial Agreements -2
Introduction
A Guide to Resources in in the Law Library

“‘Premarital agreement’ means an agreement between prospective spouses made
in contemplation of marriage.” Conn. Gen. Stat. § 46b-36b (2013).

“An antenuptial agreement is a type of contract and must, therefore, comply with
ordinary principles of contract law.” McHugh v. McHugh, 181 Conn. 482, 486, 436
A.2d 8 (1980).

“The validity of prenuptial contracts in Connecticut is governed, since October 1,
1995, by the Connecticut Premarital Agreement Act (the act). General Statutes §
46b-36a et seq. Prior to the act, our Supreme Court had set forth the standards
for determining the validity of a prenuptial agreement in McHugh v. McHugh, 181
Conn. 482, 436 A.2d 8 (1980) . . . .” Dornemann v. Dornemann, 48 Conn. Sup.
502, 510, 850 A.2d 273 (2004).

Antenuptial agreements are also known as premarital agreements.

“The right of a child to support may not be adversely affected by a premarital
agreement. Any provision relating to the care, custody and visitation or other
provisions affecting a child shall be subject to judicial review and modification.”
Conn. Gen. Stat. § 46b-36d (c) (2013).

“Today we are presented for the first time with the issue of whether a postnuptial
agreement is valid and enforceable in Connecticut.” Bedrick v. Bedrick, 300 Conn.
691, 693, 17 A.2d 17 (2011).

“There is caselaw considering the enforcement of a Ketuba or religious prenuptial
agreement providing for continuous payments until the husband furnishes a Get
[Jewish divorce]… The court in Light v. Light, 2012 WL 3743605 (Conn. Super.
Ct. 2012) enforced a prenuptial agreement in which the defendant agreed to pay
the plaintiff $100 per day in the event of their separation until such time as the
defendant granted the plaintiff a Jewish religious divorce.” Jay M. Zitter,
Annotation, Application, Recognition, or Consideration of Jewish Law by Courts in
the United States, 81 ALR6th 1, Sec. 20 (2013). (Available in the Law Libraries via
electronic database).

Enforcement or avoidance of premarital or postnuptial agreement must be
specifically plead:
“(a) If a party seeks enforcement of a premarital agreement or postnuptial
agreement, he or she shall specifically demand the enforcement of that
agreement, including its date, within the party’s claim for relief. The defendant
shall file said claim for relief within 60 days of the return date unless otherwise
permitted by court.
(b) If a party seeks to avoid the premarital agreement or postnuptial agreement
claimed by the other party, he or she shall, within 60 days of the claim seeking
enforcement of the agreement, unless otherwise permitted by the court, file a
reply specifically demanding avoidance of the agreement and stating the grounds
thereof.” Connecticut Practice Book § 25-2A (2014).
Premarital and Postnuptial Agreements -3
Section 1: Current Premarital Agreement Law
A Guide to Resources in the Law Library
SCOPE

Bibliographic resources relating to the validity of premarital
agreements in Connecticut following passage of the
Connecticut Premarital Agreement Act.
DEFINITIONS:

Connecticut Premarital Agreement Act: “This act shall
take effect October 1, 1995 and shall apply to any
premarital agreement executed on or after that date.” 1995
Conn. Acts 170 § 11 Reg. Sess.).

Premarital Agreement: “means an agreement between
prospective spouses made in contemplation of marriage.”
Conn. Gen. Stat. § 46b-36b(1) (2013).

Property: “means an interest, present or future, legal or
equitable, vested or contingent, in real or personal
property, tangible or intangible, including income and debt.”
Conn. Gen. Stat. § 46b-36b(2) (2013).

Purpose: “The legislative history confirms that the purpose
of the act is to recognize the legitimacy of premarital
contracts in Connecticut, not to constrain such contracts to
a rigid format so as to limit their applicability.” Dornemann
v. Dornemann, 48 Conn. Sup. 502, 519-520, 850 A.2d 273
(2004).

Fair And Reasonable Disclosure Of His Financial
Circumstances: “refers to the nature, extent and accuracy
of the information to be disclosed, and not to extraneous
factors such as the timing of the disclosure.” Friezo v.
Friezo, 281 Conn. 166, 183, 914 A.2d 533 (2007).

Reasonable Opportunity: “With respect to whether the
plaintiff had a ‘reasonable opportunity’ to consult with legal
counsel, there is no requirement that a party actually seek
or obtain the advice of counsel, only that he or she be
afforded a reasonable opportunity to do so.” Friezo v.
Friezo, 281 Conn. 166, 204, 914 A.2d 533 (2007).

Independent Counsel: “a ‘reasonable opportunity to
consult with independent counsel’ means simply that the
party against whom enforcement is sought must have had
sufficient time before the marriage to consult with an
attorney other than the attorney representing the party's
future spouse.” Friezo v. Friezo, 281 Conn. 166, 204, 914
A.2d 533 (2007).
STATUTES:
Note: You can visit
your local law library
or search the most
recent statutes and
public acts on the
Connecticut General
Assembly website to
confirm that you are
using the most up-todate statutes.
Conn. Gen. Stat. (2013)
Connecticut Premarital Agreement Act
§ 46b-36a.Short title: Connecticut Premarital
Agreement Act
§ 46b-36b. Definitions
§ 46b-36c. Form of premarital agreement
§ 46b-36d. Content of premarital agreement
§ 46b-36e. Effect of marriage on premarital agreement
§ 46b-36f. Amendment or revocation of premarital
Premarital and Postnuptial Agreements -4
agreement after marriage
§ 46b-36g. Enforcement of premarital agreement
§ 46b-36h. Enforcement of premarital agreement when
marriage void
§ 46b-36i. Statute of limitation re claims under
premarital agreement
§ 46b-36j. Premarital agreements made prior to October
1, 1995, not affected
COURT RULES:
Connecticut Practice Book (2014)
 §25-2A.Premarital and Postnuptial Agreements
“(a) If a party seeks enforcement of a premarital
agreement or postnuptial agreement, he or she shall
specifically demand the enforcement of that agreement,
including its date, within the party’s claim for relief. The
defendant shall file said claim for relief within 60 days of
the return date unless otherwise permitted by court.
(b) If a party seeks to avoid the premarital agreement or
postnuptial agreement claimed by the other party, he or
she shall, within 60 days of the claim seeking enforcement
of the agreement, unless otherwise permitted by the court,
file a reply specifically demanding avoidance of the
agreement and stating the grounds thereof.”
FORMS:

Thomas D. Colin, Editor, Library of Connecticut Family Law
Forms, (2008).
Form #17-001 Letter to Client with Draft Premarital
Agreement
Form #17-002 Premarital Agreement

2 Alexander Lindey and Louis I. Parley, Lindey and Parley
on Separation Agreements and Antenuptial Contracts (2d
ed. 1999).
Chapter 110, Part B. Forms

8A Arnold H. Rutkin et al., Connecticut Practice Series,
Family Law And Practice With Forms (3d ed. 2010).
Chapter 50 §50.57 Sample Prenuptial Agreement
OLR REPORTS:

Note: Office of
Legislative Research
reports summarize
and analyze the law in
effect on the date of
each report’s
publication. Current
law may be different
from what is
discussed in the
reports.
CASES:
Susan Price, Principal Legislative Analyst, Prenuptial
Agreements: Declaratory Judgment Actions, Connecticut
General Assembly, Office of Legislative Research, Report
No.2005-R-0834 (November 15, 2005).
“You asked if Connecticut or other states have a
mechanism for determining whether a prenuptial agreement
is valid before going forward with a divorce action. You also
asked if any state uniformly requires divorcing couples to
pay their own attorney’s fees.”

Friezo v. Friezo, 281 Conn. 166, 204, 914 A.2d 533 (2007).
“General Statutes § 46b-36g (a) (4) specifically provides
that the party against whom enforcement of the prenuptial
agreement is sought must prove that ‘[s]uch party was not
afforded a reasonable opportunity to consult with
independent counsel.’ The operative terms for the purpose
Premarital and Postnuptial Agreements -5
of this analysis are ‘reasonable opportunity’ and
‘independent counsel.’ Although this court has not yet had
occasion to construe § 46b-36g (a) (4), appellate courts
that have interpreted identical statutory language invariably
have held, consistent with the plain statutory wording, that
a ‘reasonable opportunity to consult with independent
counsel’ means simply that the party against whom
enforcement is sought must have had sufficient time before
the marriage to consult with an attorney other than the
attorney representing the party's future spouse.”
Note: Once you have
identified useful cases,
it is important to
update the cases
before you rely on
them. Updating case
law means checking to
see if the cases are
still good law. You can
contact your local law
librarian to learn about
the tools available to
you to update cases.

Dornemann v. Dornemann, 48 Conn. Sup. 502, 521, 850
A.2d 273 (2004). “The plaintiff's claim that enforcement of
the premarital agreement would be unconscionable has
been reserved and will be addressed at the trial of the
present case. The plaintiff executed a prenuptial
agreement, after adequate financial disclosures, willingly
and voluntarily. There was no coercion or undue influence.
The defendant's failure to sign the contract prior to the
marriage did not invalidate the contract. He assented to the
bargain by marrying the plaintiff on April 13, 1997.”

Linger v. Sadowski, Superior Court, Judicial District of
Hartford at Hartford, No. FA01-0728258, (May 31,
2002)(2002 WL 1492257). “The defendant's arguments are
persuasive. Section 46b-36g(3) does not require total
accuracy in the disclosure of assets. It merely requires ‘fair
and reasonable disclosure.’ This will vary from case to case
depending upon various factors including the size of the
total estate in comparison to the extent of the failure to
disclose. In this case, the failure to disclose the real estate
interest is neither unfair nor is it unreasonable in light of
the size and character of the decedent's estate. The total
value of the estate is actually greater than the value
disclosed by the decedent although the character of the
assets is slightly different. This is not unfair to the
plaintiff.”

Pierce v. Pierce, Superior Court, Judicial District of Hartford
at Hartford, No. FA 00-0725342, (Jul. 16, 2001) (2001 WL
950208). "The plaintiff claims that the agreement of the
parties should control whereas the defendant argues
against its enforcement. It should be noted that the
defendant had entered into a pre-nuptial agreement in her
previous marriage whereas the plaintiff had not. It is clear
from the defendant's own testimony that all of the statutory
criteria set forth in Connecticut General Statute Sec 46b36g(c). The defendant, however, claimed the plaintiff failed
to mention he had a timeshare and had been married more
times than he had told the defendant and she would not
have married him otherwise. The timeshare omitted by the
plaintiff in his premarital disclosure was worthless and was
sold at a loss. Further, the court finds that the defendant
would have married the plaintiff notwithstanding the
number of his previous marriages. The defendant saw her
Premarital and Postnuptial Agreements -6
marriage to the plaintiff as a way out of financial difficulty
for her and her daughter."

Wilkes v. Wilkes, 55 Conn. App. 313, 319-320, 738 A.2d
758 (1999). "The plaintiff claims that this 'mid-nuptial'
agreement should be considered the same as premarital
agreements that are protected by General Statutes § 46b36g with respect to disclosure. Section 46b-36g (a) (3),
which is applicable to premarital agreements executed on or
after October 1, 1995, the effective date of Public Acts
1995, No. 95-170, precludes enforcement of a premarital
agreement where, prior to execution, a party is 'not
provided a fair and reasonable disclosure of the amount,
character and value of property, financial obligations and
income of the other party. . . .' The plaintiff asserts that,
even if § 46b-36g does not apply, the agreement was not
fair and equitable as required by General Statutes § 46b66. There is no merit to this claim because § 46b-36g (a)
(3) requires 'fair and reasonable disclosure,' as opposed to
more formal financial affidavits, and the trial court had the
benefit of formal financial affidavits at the time it decided
that the agreement was fair and equitable."

West’s Connecticut Digest: Husband and Wife
II. Marriage settlements
§26. Nature in general
§27. Statutory provisions
§28. Requisites and validity
§29. Antenuptial settlements
§31. Construction and operation

ALR Digest: Husband and Wife
II. Marriage Settlements
§29 Antenuptial Settlements

Digest of United States Supreme Court Reports, L.Ed.:
Husband and Wife
§§ 33-37. Antenuptial contracts; Marriage settlements
WEST KEY
NUMBERS:

Husband and Wife # 29
ENCYCLOPEDIAS:

41 Am. Jur. 2d Husband and Wife (2005).
DIGESTS:
§ 81. Prenuptial settlements and agreements
§ 82. Public policy
§ 83. —Contemplation of dissolution or divorce
§ 84. Enforceability of certain provisions
§ 85. —Support, maintenance, or alimony upon divorce
§ 86. Enactment of statutes, in general
§ 87. Agreements under the Uniform Premarital
Agreement Act
§ 88. Retroactive application of statute
§ 89. Status as contract, generally
§ 90. Formal requirements
§ 91. Consideration
§ 92. Fairness standards, generally
§ 93. Fairness and unconscionability
§ 94. Under the Uniform Premarital Agreement Act
Premarital and Postnuptial Agreements -7
§ 95. Change in circumstances; infidelity; abandonment
§ 96. Confidential relationship
§ 97. Duty of disclosure
§ 98. —Extent of duty
§ 99. Fraud; misrepresentation
§ 100. Voluntariness
§ 101. —Conditioning marriage upon execution of
agreement
§ 102. Independent legal advice
§ 103. General rules; liberal construction
§ 104. Intent of parties
§ 105. Introductory recitals; other rules
§ 106. Discharge; release; alteration by parties

ALR Index. Antenuptial Agreements.

3 ALR5th 394. Failure to disclose extent or value of
property owned as ground for avoiding premarital contract.

41 C.J.S.Husband and Wife (2006).
§ 118. Prenuptial agreements, in general
§ 119. Proper subject-matter of agreement
§ 120. Validity, in general
§ 121. Existence and effect of confidential or fiduciary
relationship between parties
§ 122. Necessity of independent legal counsel
§ 123. Financial disclosure and independent knowledge
§ 124. Consideration, in general
§ 125. Marriage
§ 126. —For or against whom consideration operative
§ 127. Form, formal requisites
§ 128. Execution and acknowledgment
§ 129. Delivery
§ 130. Registration
§ 131. Construction, in general
§ 132. Determination of rights
§ 133. Termination, in general
§ 134. Effect of separation or divorce
§ 135. Timing of commencement of action
§ 136. Enforcement, generally
§ 137. Evidence
TEXTS &
TREATISES:

8 Arnold H. Rutkin et al., Connecticut Practice Series,
Family Law And Practice With Forms (3d ed. 2010).
Chapter 32. Temporary Alimony
§ 32.11 Effect of prenuptial or other agreements
relating to alimony

8A Arnold H. Rutkin et al., Connecticut Practice Series,
Family Law And Practice With Forms (3d ed. 2010).
Chapter 48. Premarital and PostnuptialAgreements
§
§
§
§
§
§
48.1.
48.2.
48.3.
48.4.
48.5.
48.6.
In general
Written or oral agreements
Effect of noncompliance with statute of frauds
Requisites for preparation and execution
Disclosure requirements
Legal representation in connection with
Premarital and Postnuptial Agreements -8
agreement
§ 48.7. Allowable purposes—Generally
§ 48.8. Particular clauses—Generally
§ 48.9. ----- Separate property
§ 48.10. ---- Joint purchases and contracts
§ 48.11. ---- Waiver of pension or retirement rights
§ 48.12. Enforcement of agreements—Generally
§ 48.13. General defenses to enforcement of
agreements—Agreements governed by statute
§ 48.14. ---- Agreements governed by common law
§ 48.15. ---- Enforcement of agreements---Specific
considerations
§ 48.16. Amendment or revocation of agreements
§ 48.17. Postnuptial agreements

2 Alexander Lindey and Louis I. Parley, Lindey and Parley
on Separation Agreements and Antenuptial Contracts (2d
ed. 1999).
Chapter 110. Antenuptial (Premarital) Agreements
§
§
§
§
§
§

110.60.
110.61.
110.64.
110.65.
110.66.
110.67.
Definitions
Recognition
Formal requirements
Fraud, duress, and misrepresentation
Reasonableness; Unconscionability
Disclosure; Knowledge
5 Arnold H. Rutkin, Family Law and Practice (2012).
Chapter 59. Antenuptial agreements
§ 59.01. History and public policy
§ 59.02. Purpose
§ 59.03. Negotiation; Setting the stage
§ 59.04. Execution and validity of agreements
§ 59.05. Topics included in agreements
§ 59.06. Rules of enforcement, modification or
avoidance
§ 59.07. Effect of divorce or separation decree
§ 59.08. Declaratory judgment; Arbitrationandmediation

9C Uniform Laws Annotated 35 (2001)
Uniform Premarital Agreement Act

American Law Institute, Principles of the Law of Family
dissolution (2002).
Chapter 7. Agreements
Topic 1. Introductory provisions
Topic 2. Requirements for an enforceable agreement
LAW REVIEWS:

Brett R. Turner and Laura W. Morgan, Attacking and
Defending Marital agreements (2d ed. 2012).
Chapter 8. Antenuptial Agreements: An Overview
Appendix C: Discovery for Premarital Agreements

J. Thomas Oldham, Would Enactment of the Uniform
Premarital and Marital Agreements Act in All Fifty States
Change U.S. Law Regarding Premarital Agreements?, 46
Family Law Quarterly 367 (2012).
Premarital and Postnuptial Agreements -9
Note: Public access to
law review databases
is available on-site at
each of our law
libraries.

Jerome H. Poliacoff, What Does Love Have to Do With It?,
33 Family Advocate 12 (2011).

Paul S. Leinoff and Natalie S. Lemos, The Perils of a Prenup:
First Do No Harm-to Your Client or Yourself, 33 Family
Advocate 8 (2011).

Amberlynn Curry, The Uniform Premarital Agreement Act
and its Variations Throughout the States, 23 Journal of the
American Academy of Matrimonial Lawyers 355 (2010).

Jonathan E. Fields, Forbidden Provisions in Prenuptial
Agreements: Legal and Practical Considerations for the
Matrimonial Lawyer, 21 Journal of the American Academy of
Matrimonial Lawyers 414 (2008).

P. Andre Katz and Amanda Clayman, When Your Elderly
Clients Marry: Prenuptial Agreements and Other
Considerations, 16 Journal of the American Academy of
Matrimonial Lawyers 445 (2000).
Premarital and Postnuptial Agreements -10
Table 1: Connecticut Premarital Agreement Act: House Debate
38 H.R.Proc.,Pt.9,1995 Sess. (Appendix A)
“This bill establishes standards and guidelines for premarital agreements. It
includes what agreements may have in them, what they can include, and also
under what conditions the agreements will be unenforceable.”
p. 3210
“The bill specifically provides that a premarital agreement may not have any
provisions which adversely affect a child of the marriage and has other details
with respect to premarital agreements.”
p. 3210
“ . . . with the enactment of this legislation, if someone had signed some other
agreement or it didn’t comply with this statute, would it have the legal effect of
a contract anyway?” [Response: p. 3212]
p. 3212
“ . . . how about a separate agreement made after the effective date that did
not entirely comply with the legislation before us?” [Response: pp. 3212-3213]
p.3212
“ . . . what I’m attempting to get into the record here is whether this is a
mandate that the only way you can have a premarital agreement in the state of
Connecticut is by following this statute or whether or not two consenting adults
following a standard contract type format could, in fact, enter into any type of
agreement they care to and still be valid.” [Response: p. 3214]
p. 3213
“ . . . If a particular clause did not fall within any of the categories in Number 3,
would the parties be precluded from contracting freely and openly with regard
to that subject matter?” {Response: p. 3217]
p. 3217.
“In Section 5 it provides that an agreement can be modified without
consideration in writing after the marriage. So, in essence, it’s like a will. It’s
an executory contract, I guess, that can be modified at any time by the parties
without consideration.
p. 3217
. . . Is a premarital agreement during the course of the marriage similar to
a will in that it can be mutually modified in this way?” [Response: pp. 32183219]
“Are there any standards contained in this bill which are not contained in the
standards that we currently use for unconscionability? I mean would a court
have to look to this bill or would the court look to existing law on
unconscionability?”[Response: p. 3220]
p. 3219
“The only issue that would be removed from the consideration of a jury in
terms of this contract would be the issue of unconscionability. All of these other
issues, including whether there was fair and reasonable disclosure, whether
there was a voluntary waiver, whether certain things had been complied with in
section 6 would all be questions of fact to be determined by the trier of facts
and not exclusively by the court. Is that correct? [Response: pp. 3221]
p. 3221
“An agreement that is in effect now, if an individual has an agreement that is in
effect currently and modifies that agreement, which law would apply, the law at
the time that the agreement was entered into or the law at the time that the
agreement was modified? [Response: pp. 3222-3223]
p. 3222.
Premarital and Postnuptial Agreements -11
Section 2: Postnuptial Agreement Law
A Guide to Resources in the Law Library
SCOPE

Bibliographic resources relating to the validity of postnuptial
agreements in Connecticut.
FORMS:

2 Alexander Lindey and Louis I. Parley, Lindey and Parley
on Separation Agreements and Antenuptial Contracts (2d
ed. 1999).
Chapter 120. Postnuptial Agreements , Part B. Forms

1 Arnold H. Rutkin, gen. ed., Family Law and Practice
(2010).
Chapter 9. Postnuptial agreements
§ 9.16.[2] Checklist: Provisions to be included in a
property settlement agreement in an ongoing marriage
§ 9.17.[1] Form: Property settlement agreement
without intention to separate
CASELAW:
Note: Once you have
identified useful
cases, it is important
to update the cases
before you rely on
them. Updating case
law means checking
to see if the cases are
still good law. You can
contact your local law
librarian to learn
about the tools
available to you to
update cases.

Bedrick v. Bedrick, 300 Conn. 691, 699, 17 A.2d 17 (2011).
“…we now consider what standards govern their
[postnuptial agreements] enforcement. Neither the
legislature not this court has addressed this question.”

Consistent With Public Policy:“ ‘[B]oth the realities of
our society and policy reasons favor judicial recognition of
prenuptial agreements. Rather than inducing divorce, such
agreements simply acknowledge its ordinariness. With
divorce as likely an outcome of marriage as permanence,
we see no logical or compelling reason why public policy
should not allow two mature adults to handle their own
financial affairs…. The reasoning that once found them
contrary to public policy has no place in today’s matrimonial
law’ (Internal quotation marks omitted.) Brooks v.Brooks,
733 P.2d 1044, 1050-51 (Alaska 1987). Postnuptial
agreements are no different than prenuptial agreements in
this regard.” Bedrick v. Bedrick, 300 Conn. 691, 699, 17
A.2d 17 (2011). (Emphasis added).

Stricter Scrutiny: “Because of the nature of the marital
relationship, the spouses to a postnuptial agreement may
not be as cautious in contracting with one another as they
would be with prospective spouses, and they are certainly
less cautious that they would be with an ordinary
contracting party. With lessened caution comes greater
potential for one spouse to take advantage of the other.
This leads us to conclude that postnuptial agreements
require stricter scrutiny than prenuptial agreements.”
Bedrick v. Bedrick, 300 Conn. 691, 703, 17 A.2d 17 (2011).

Standards: “In applying stricter scrutiny, a court may
enforce a postnuptial agreement only if it complies with
applicable contract principles, and the terms of the
agreement are both fair and equitable at the time of
execution and not unconscionable at the time of
dissolution.” Bedrick v. Bedrick, 300 Conn. 691, 703-04, 17
A.2d 17 (2011).
Premarital and Postnuptial Agreements -12

Fair And Equitable At The Time Of Execution: “…if the
agreement is made voluntarily, and without any undue
influence, fraud, coercion, duress or similar defect.
Moreover, each spouse must be given full, fair and
reasonable disclosure of the amount, character and value of
property, both jointly and separately held, and all of the
financial obligations and income of the other spouse. This
mandatory disclosure requirement is a result of the deeply
personal marital relationship.”
“….a court should consider the totality of the circumstances
surrounding execution. A court may consider various
factors, including ‘the nature and complexity of the
agreement’s terms, the extent of and disparity in assets
brought to the marriageby each spouse, the parties’
respective age, sophistication, education, employment,
experience, prior marriages, or other traits potentially
affecting the ability to read and understand the
agreement’s provisions, and the amount of time available
to each spouse to reflect upon the agreement after first
seeing its specific terms…[and] access to independent
counsel prior to consenting to the contract terms. ‘ Annot,
53 A.L.R.4th 92-93, §2 [a] (1987).’ ”Bedrick v. Bedrick, 300
Conn. 691, 704-705, 17 A.2d 17 (2011).

Unconscionable At The Time Of Dissolution: “…’[i]t is
well established that [t]he question of unconscionability is a
matter of law to be decided by the court based on all the
facts and circumstances of the case.’ Crews v. Crews, 295
Conn. 163 (2010).
Unfairness or inequality alone does not render a postnuptial
agreement unconscionable; spouses may agree on an
unequal distribution of assets at dissolution…Instead, the
question of whether enforcement of an agreement would be
unconscionable is analogous to determining whether
enforcement of an agreement would work an injustice.
Crews v. Crews, 295 Conn. 163 (2010). Marriage, by its
nature, is subject to unforeseeable developments, and no
agreement can possibly anticipate all future events.
Unforeseen changes in the relationship, such as having
achild, loss of employment or moving to another state, may
render enforcement of the agreement unconscionable.”
Bedrick v. Bedrick, 300 Conn. 691, 705-706, 17 A.2d 17
(2011).

COURT RULES:
Adequate Consideration: “…A release by one spouse of
his or her interest in the estate of the other spouse, in
exchange for a similar release by the other spouse, may
constitute adequate consideration.” Bedrick v. Bedrick, 300
Conn. 691, [fn5], 17 A.2d 17 (2011).
Connecticut Practice Book (2014).
 § 25-2A.Premarital and Postnuptial Agreements
“(a) If a party seeks enforcement of a premarital
agreement or postnuptial agreement, he or she shall
specifically demand the enforcement of that agreement,
Premarital and Postnuptial Agreements -13
including its date, within the party’s claim for relief. The
defendant shall file said claim for relief within 60 days of
the return date unless otherwise permitted by court.
(b) If a party seeks to avoid the premarital agreement or
postnuptial agreement claimed by the other party, he or
she shall, within 60 days of the claim seeking enforcement
of the agreement, unless otherwise permitted by the court,
file a reply specifically demanding avoidance of the
agreement and stating the grounds thereof.”
DIGESTS:

West’s Connecticut Digest: Husband and Wife
II. Marriage settlements
§26. Nature in general
§28. Requisites and validity
§29(9). Validity of settlement in general
§30. Postnuptial settlements
§31. Construction and operation

ALR Digest: Husband and Wife
II. Marriage Settlements
§30.Postnuptialsettlements
WEST KEY
NUMBERS:

Husband and Wife # 30
ENCYCLOPEDIAS:

41 Am. Jur. 2d Husband and Wife (2005).
Postnuptial settlements and agreements
(1). In general
§ 107. Generally; validity
§ 108. Purposes; uses
§ 109. Applicabilityof standards applying to premarital
agreements
§ 110. Status as contract
§ 111. Formal requirements
§ 112. Consideration
(2). Fairness, disclosure; voluntariness
§ 113. Generally
§ 114. Knowledge and disclosure
§ 115. Representation by counsel
(3). Rights under postmarital agreements
§ 116. Rights of children and other third persons
§ 117. Election by surviving spouse between agreement
and statutory rights

ALR Index. Husband and wife.
Postnuptial agreements.

Ann K. Wooster, Annotation, Validity of Postnuptial
Agreements in Contemplation of Divorce, 77 ALR6th 293
(2012).

Ann K. Wooster, Annotation, Validity of Postnuptial
Agreements in Contemplation of Spouse’s Death, 87 ALR6th
495 (2013).
Premarital and Postnuptial Agreements -14

41 C.J.S.Husband and Wife (2006).
Postnuptial or Postmarital Settlements or Agreements
§ 138. Generally.
§ 139. Postnuptial settlements affecting antenuptial
contracts
§ 140. [Validity] Generally
§ 141. Existence and effect of confidential or fiduciary
relationship between the parties
§ 142. Necessity of independent legal counsel
§ 143. Financial disclosure and independent knowledge
§ 144. [Formal requisites] Generally
§ 145. Registration or recording
§ 146. [Consideration] Generally
§ 147. Rights of third parties
TEXTS &
TREATISES:

8A Arnold H. Rutkin et al., Connecticut Practice Series,
Family Law And Practice With Forms (3d ed. 2010).
Chapter 48. Premarital and postnuptial agreements
§ 48:17.Postnuptial agreements

2 Alexander Lindey and Louis I. Parley, Lindey and Parley
on Separation Agreements and Antenuptial Contracts (2d
ed. 1999).
Chapter 120. Postnuptial agreements

1 Arnold H. Rutkin, gen. ed., Family Law and Practice
(2012).
Chapter 9. Postnuptial agreements
§ 9.02[2].Property settlement agreements
§ 9.05. Real property
§ 9.06. Personal property
§ 9.07. Spousal rights in other property
§ 9.11. Agreement as to testamentary provisions
§ 9.13. Enforcement
§ 9.15. Questions that illustrate the danger points
affecting the validity of the agreement
Law Reviews:
Note: Public access to
law review databases
is available on-site at
each of our law
libraries.

Brett R. Turner and Laura W. Morgan, Attacking and
Defending Marital Agreements (2d ed. 2012).
Chapter 16. Postnuptialagreements

Bernado G. Cuadra, All Good Things Might Come to an End:
Postnuptial Agreements in Connecticut, 34 Western New
England Law Review 57 (2012).
Premarital and Postnuptial Agreements -15
Section 3: Prior Premarital Agreement Law
A Guide to Resources in the Law Library
SCOPE:
 Bibliographic resources relating to the validity of premarital
agreements in Connecticut executed prior to October 1,
1995—the effective date of the Connecticut Premarital
Agreement Act.
DEFINITIONS:
 “The court’s first inquiry, then, is to ascertain whether the
agreement complies with the ordinary principles of contract
law and whether its terms and the circumstances
surrounding its execution are such as to demonstrate that
the parties were aware of their legal rights and their
respective assets and liabilities, and proceeded by the
agreement to alter those rights in a fair and voluntary
manner.” McHugh v. McHugh, 181 Conn. 482, 488, 436
A.2d 8 (1980).
 “It is clear that antenuptial agreements will not be enforced
where to do so would violate the state statutes or public
policy.” Ibid.
 Validity: “The validity of prenuptial contracts in Connecticut
is governed, since October 1, 1995, by the Connecticut
Premarital Agreement Act (the act). General Statutes §
46b-36a et seq. Prior to the act, our Supreme Court had
set forth the standards for determining the validity of a
prenuptial agreement in McHugh v. McHugh, 181 Conn.
482, 436 A.2d 8 (1980), as follows: ‘The validity of an
antenuptial contract depends upon the circumstances of the
particular case. . . . Antenuptial agreements relating to the
property of the parties, and more specifically, to the rights
of the parties to that property upon the dissolution of the
marriage, are generally enforceable where three conditions
are satisfied: (1) the contract was validly entered into; (2)
its terms do not violate statute or public policy; and (3) the
circumstances of the parties at the time the marriage is
dissolved are not so beyond the contemplation of the
parties at the time the contract was entered into as to cause
its enforcement to work injustice.’ (Citation omitted.) Id.,
485-86. The act endorses, clarifies and codifies the McHugh
standards.” Dornemann v. Dornemann, 48 Conn. Sup. 502,
510-511, 850 A.2d 273 (2004). (Emphasis added).
STATUTES:
Note: You can visit
your local law library
or search the most
recent statutes and
public acts on the
Connecticut General
Assembly website.
 Conn. Gen. Stat. (2013).
§ 45a-436. Succession upon death of spouse. Statutory
share
§ 52-550. Statute of frauds
Premarital and Postnuptial Agreements -16
CASES:
Note: Once you have
identified useful cases,
it is important to
update the cases
before you rely on
them. Updating case
law means checking to
see if the cases are still
good law. You can
contact your local law
librarian to learn about
the tools available to
you to update cases.
 Crews v. Crews,295 Conn. 153 (2010).
The trial court determined that the antenuptial agreement
was not governed by the provisions of the Connecticut
Premarital Agreement Act (act), General Statutes § 46b-36a
et seq., presumably because the act applies only to
antenuptial agreements entered into on or after October 1,
1995; General Statutes § 46b-36a; and the parties had
entered into their agreement on June 24, 1988. The trial
court concluded, instead, that the antenuptial agreement
was governed by the equitable rules established in McHugh
v. McHugh, 181 Conn. 482, 436 A.2d 8 (1980).
 Pite v. Pite, Superior Court, Judicial District of New Haven at
New Haven, No. FA99-0429262S (Feb. 20, 2001) (2001 WL
238144). "The existing statute in Connecticut which controls
the enforceability of premarital agreements, the Connecticut
Premarital Agreement Act, General Statutes § 46b-36a et
seq., does not apply to any premarital agreement made
prior to October 1, 1995. General Statutes § 46b-36j.
Accordingly, the determination of the validity of the parties'
prenuptial agreement in this case is governed by the
common law."
 McHugh v. McHugh, 181 Conn. 482, 436 A.2d 8 (1980).
Threeprong test of validity of antenuptial agreements.
 Parniawski v. Parniawski, 33 Conn. Supp. 44, 46, 359 A.2d
719 (1976). "This state has placed its stamp of approval on
a contract entered into in contemplation of marriage in
which each prospective spouse released any claim to the
property owned by the other at the time of the marriage or
thereafter, agreeing that on the death of either, the survivor
should have no claim to his or her property."
DIGESTS:
 West’s Connecticut Digest: Husband and Wife
II. Marriage settlements
§26. Nature in general
§27. Statutory provisions
§28. Requisites and validity
§29. Antenuptial settlements
§31. Construction and operation
 Dowling’s Digest: Husband and Wife § 12
 West Key Number: Husband and Wife #29
Premarital and Postnuptial Agreements -17
ENCYCLOPEDIAS:
 41 Am. Jur. 2dHusband and Wife (2005).
§88 Retroactive application of statute
 8A Arnold H. Rutkin et al., Connecticut Practice Series,
Family Law And Practice With Forms (3d ed. 2010).
Chapter 48. Premarital and Postnuptial Agreements
§
§
§
§
§
§
48.1. In general
48.2. Written or oral agreements
48.3. Effect of noncompliance with statute of frauds
48.4. Requisites for preparation and execution
48.5. Disclosure Requirements
48.6. Legal representation in connection with
agreement
§ 48.12. Enforcement of agreements—generally
 5 Arnold H. Rutkin, Family Law and Practice (2012).
Chapter 59. Antenuptial agreement
§ 59.01. History and public policy
§ 59.02. Purpose
 2 Alexander Lindey and Louis I. Parley, Lindey And Parley
on Separation Agreements and Antenuptial Contracts (2d
ed. 1999).
Chapter 110. Antenuptial (Premarital) Agreements
§ 110.90. Common law and statutory recognition of
premarital agreements
LAW REVIEWS:
Note: Public access to
law review databases
is available on-site at
each of our law
libraries.
 Michael A. Meyers, Requirements and Uses of Prenuptial and
Postnuptial Agreements, 4 Connecticut Family Law Journal 3
(November 1985).
 Lawrence P. Weisman, Value of Recognizing Antenuptial&
Postnuptial Agreements in Pendente Lite Hearings, 2
Connecticut Family Law Journal 34 (March 1984).
 Louis Parley, Antenuptial Agreements In Connecticut: An
Analysis Of Mchugh V. Mchugh, 57 Connecticut Bar Journal
487 (December 1983).
 Arthur E. Balbirer and C. Ian McLachlan, Survey of 1980
Developments in Connecticut Family Law, 55 Connecticut
Bar Journal 39 (February 1981).
Premarital and Postnuptial Agreements -18
Table 2: Three Prong Test
McHugh v. McHugh, 181 Conn. 482, 485-486 (1980)
“Antenuptial agreements relating to the property of the parties, and
more specifically, to the rights of the parties to that property upon the
dissolution of marriage, are generally enforceable where three
conditions are satisfied:
(1) the contract was validly entered into;
(2) its terms do not violate statute or public policy; and
(3) the circumstances of the parties at the time the marriage is
dissolved are not so beyond the contemplation of the parties at the
time the contract was entered into as to cause its enforcement to work
injustice.”
Premarital and Postnuptial Agreements -19
Section 4: Premarital Agreement
Form and Content
A Guide to Resources in the Law Library
SCOPE:
 Bibliographic resources relating to the form and content of
prenuptial agreements in Connecticut executed after
October 1, 1995—the effective date of the Connecticut
Premarital Agreement Act.
STATUTES:
 Conn. Gen. Stat. (2013).
Note: You can visit
your local law library
or search the most
recent statutes and
public acts on the
Connecticut General
Assembly website to
confirm that you are
using the most up-todate statutes.
FORMS:
§ 46b-36c. Form of premarital agreement
§ 46b-36d. Content of premarital agreement
§ 52-550(a). Statute of frauds; written agreement or
memorandum
 9B Am. Jur LegalForms 2d Husband and Wife (2002
revision).
§ 139:3. Form drafting guide
§ 139:4. Form drafting guide—Checklist—Matters to be
considered in drafting antenuptial agreement
§ 139:5. Formal requirements—Execution
§ 139:6. Formal requirements—Acknowledgment
§§ 139:7 to 139.27. Basic agreements
§§ 139:28 to 139:95. Optional provisions
§§ 139:96 to 139:125. Transactions between husband
and wife
§§ 139:126 to 139:134. Transaction with third parties
by husband and wife
 Thomas D. Colin, Editor, Library of Connecticut Family Law
Forms, (2008).
Form #17-001 Letter to Client with Draft Premarital
Agreement
Form #17-002 Premarital Agreement
 2 Alexander Lindey and Louis I. Parley, Lindey and Parleyon
Separation Agreements and Antenuptial Contracts (2d ed.
1999).
Chapter 110. Antenuptial (Premarital) agreements
§§ 110.10-110.43. Forms
§ 110.60. Definitions
§ 110.61. Recognition
§ 110.64. Formal requirements
§ 110.65. Fraud, duress, and misrepresentation
§ 110.66. Reasonableness; Unconscionability
§ 110.67. Disclosure; Knowledge
 12 Jacob Rabkin and Mark H. Johnson, Current Legal Forms
(2009).
Premarital and Postnuptial Agreements -20
Chapter 10. Domestic Relations
Antenuptial agreements
Forms 10.01 to 10.12
 8A Arnold H. Rutkin et al., Connecticut Practice Series,
Family Law And Practice With Forms (3d ed. 2010).
Chapter 50: §50.57 Sample Prenuptial Agreement
 Linda J. Ravdin, Premarital Agreements (2011).
Part IV. Drafting the Agreement
Chapter 13. Model title controls with provisions
forweaker party
Chapter 14. Model terms for same-sex premarital
agreement
Chapter 15. Shared property agreement
Appendix D. Basic title controls agreement
Appendix E. Additional and optional terms
 Gary N. Skoloff et al., Drafting Prenuptial Agreements
(2003) [includes CD-ROM].
Part VII. Standard clauses for inclusion
Part VIII. Sample prenuptial agreements
Part XII. Practice pointers
 7 West’s Legal Forms,3d, Domestic Relations (2006).
Chapter10. Antenuptial Agreements
B. Forms
1. General Agreements
2. Model Clauses
DIGESTS:
ENCYCLOPEDIAS:

West’s Connecticut Digest: Husband and Wife
II. Marriage settlements
§27. Statutory provisions
§29. Antenuptial settlements
§31. Construction and operation

Dowling’s Connecticut Digest: Husband and Wife § 12

West Key Number: Husband and Wife # 29
 41 Am. Jur. 2d Husband and Wife (2005).
§
§
§
§
90. Formal requirements
103. General rules; liberal construction
104. Intent of parties
105. Introductory recitals; other rules
 41 C.J.S. Husband and Wife (2006).
§
§
§
§
§
§
§
127.
128.
129.
130.
132.
133.
136.
Form
Execution and acknowledgment
Delivery
Registration
Determination of rights
Termination, generally
Enforcement, generally
Premarital and Postnuptial Agreements -21
 Enforceability of premarital agreement based on fairness of
terms and circumstances of execution, 7 POF3d 581 (1990).
Includes: “Proof of lack of informed voluntariness in
execution of premarital agreement”
 Transfer Of Assets In Fraud Of Spouse’s Antenuptial
Contractual Rights, 14 POF2d 755 (1977).
Includes: “Proof that transfer of assets constituted a
constructive fraud on antenuptial contractual rights of
transferor’s spouse”
 Waiver of spousal rights in estate of deceased spouse, 7
POF2d 443 (1975).
Includes: “Proof that spouse knowingly waived rights in
estate of deceased spouse”
 James T. Tucker, Annotation, Family Court Jurisdiction To
Hear Contract Claims, 46 ALR5th 735 (1997).
 James O. Pearson, Annotation, Failure To Disclose Extent Or
Value Of Property Owned As Ground For Avoiding Premarital
Contract, 3 ALR5th 394 (1992).
Jay M. Zitter, Annotation, Antenuptial Contracts: Parties’
Behavior During Marriage As Abandonment, Estoppel, Or
Waiver Regarding Contractual Rights, 56 ALR4th 998
(1987).
 Robert Roy, Annotation, Modern Status Of Views As To
Validity Of Premarital Agreements Contemplating Divorce Or
Separation, 53 ALR4th 22 (1987).
 Robert Roy, Annotation, Enforceability Of Premarital
Agreements Governing Support Or Property Rights Upon
Divorce Or Separation As Affected By Circumstances
Surrounding Execution—Modern Status, 53 ALR4th 85
(1987).
 Robert Roy, Annotation, Enforceability Of Premarital
Agreements Governing Support Or Property Rights Upon
Divorce Or Separation As Affected By Fairness Or Adequacy
Of Those Terms—Modern Status, 53 ALR4th 161 (1987).
 Annotation, Spouse’s Secret Intention Not To Abide By
Written Antenuptial Agreement Relating To Financial Matters
As Grounds For Annulment, 66 ALR3d 1282 (1975).
 Annotation, Waiver Of Right To Widow’s Allowance By
Antenuptial Agreement, 30 ALR3d 858 (1970).
 Annotation, Noncompliance With Statutory Requirements
Concerning Form Of Execution Or Acknowledgment As
Affecting Validity Or Enforceability Of Written Antenuptial
Agreement, 16 ALR3d 370 (1967).
TEXTS &
TREATISES:
 8A Arnold H. Rutkin et al., Connecticut Practice Series,
Family Law And Practice With Forms (3d ed. 2010).
Chapter 48. Premarital and Postnuptial Agreements
§ 48.1. In general
Premarital and Postnuptial Agreements -22
§ 48.2. Written or oral agreements
§ 48.3. Effect of noncompliance with statute of frauds
§ 48.4. Requisites for preparation and execution
§ 48.5. Disclosure requirements
§ 48.7. Allowable purposes—Generally
§ 48.8. Particular clauses—Generally
§ 48.9. ----- Separate property
§ 48.10. ---- Joint purchases and contracts
§ 48.11. ---- Waiver of pension or retirement rights
§48.17. Postnuptial Agreements
 2 Alexander Lindey and Louis I. Parley, Lindey and Parley
on Separation Agreements and Antenuptial Contracts (2d
1999).
Chapter 110. Antenuptial (Premarital) Agreements
§ 110.64. Formal requirements
[1]. Introduction
[2]. Statute of fraud
[3]. Particular statutes
[4]. Execution
[5]. Recording
§ 110.73. Construction
§ 110.76. Uniform Premarital Agreement Act
[3]. Formalities
[4]. Content
 5 Arnold H. Rutkin, gen. ed., Family Law and Practice
(2010).
Chapter 59. Antenuptial agreement
§ 59.04. Execution and validity of agreements
§ 59.05. Topics included in agreements
[1] The parties; Third-party beneficiaries
[2] Recitals
[3] Personal property
[4] Real property
[5] Expectancies
[6] Contingencies
[7] Intellectual property
[8] Liabilities
[9] Schedule of financial information and relevant
documents
[10] Notification to third parties
[11] Valuation
[12] Identification of separate property
[13] Increases in value after signing
[14] Conveyances
[15] Waivers and limitations
[16] Parental rights and responsibilities
[17] Lifestyle
[18] Life, health, and disability insurance; Personal
injury proceeds
[19] Employee benefits
[20] Bankruptcy considerations
[21] Applicable laws
Premarital and Postnuptial Agreements -23
[22]
[23]
[24]
[25]
Representation by counsel
Modification
Waiver and enforcement of terms
Other terms
 9C Uniform Laws Annotated 35 (2001).
Uniform Premarital Agreement Act
§ 2. Formalities
§ 3. Content
 Gary N. Skoloff et al., Drafting Prenuptial Agreements
(2003) [includes CD-ROM].
Part
Part
Part
Part
Part
Part
Part
Part
Part
Part
Part
I. Separate property
II. Joint property
III. Marital residence
IV. Regulating the marriage
V. Right upon divorce
VI. Rights upon death
VII. Standard clauses for inclusion
VIII. Sample prenuptial agreements
IX. Litigation case law review
X. Negotiating prenuptial agreements
XI. The Uniform Acts
 12 Jacob Rabkin and Mark H. Johnson, Current Legal Forms
with Tax analysis (2009).
§ 10.09. Antenuptial agreements
[1] Establishing spouse’s rights
[2] Gifts under antenuptial agreements
[3] Estate taxation
LAW REVIEWS:
Note: Public access to
law review databases
is available on-site at
each of our law
libraries. The law
libraries currently
have access to
HeinOnline and
LegalTrac.

J. Thomas Oldham, With All My Worldly Goods I Thee
Endow, or Maybe Not: A Reevaluation of the Uniform
Premarital Agreement Act After Three Decades, 19 Duke
Journal of Gender Law & Policy 83 (Fall,2011)

John S. Slowiaczek and Virginia A. Albers, The Devil is in
the Drafting: Sample Prenuptial Agreement Clauses to
Capture your Client’s Goals and Expectations, 33 Family
Advocate 20 (2011).

Stephanie B. Casteel, Planning and Drafting Premarital
Agreements, 16 ALI-ABA Estate Planning Course Materials
Journal 5 (2010).
Premarital and Postnuptial Agreements -24
Table 3: Contents of Antenuptial Agreement
Conn. Gen. Stats. § 46b-36d(a) (2013)
(1) The rights and obligations of each of the parties in any of the property of either
or both of them whenever and wherever acquired or located;
(2) The right to buy, sell, use, transfer, exchange, abandon, lease, consume,
expend, assign, create a security interest in, mortgage, encumber, dispose of, or
otherwise manage and control property;
(3) The disposition of property upon separation, marital dissolution, death, or the
occurrence or nonoccurrence of any other event;
(4) The modification or elimination of spousal support;
(5) The making of a will, trust or other arrangement to carry out the provisions of
the agreement;
(6) The ownership rights in and disposition of the death benefits from a life
insurance policy;
(7) The right of either party as a participant or participant’s spouse under a
retirement plan;
(8) The choice of law governing the construction of the agreement; and
(9) Any other matter, including their personal rights and obligations.
Premarital and Postnuptial Agreements -25
Section 5: Enforcement and Defenses
A Guide to Resources in the Law Library
SCOPE:

Bibliographic resources relating to the enforcement of
antenuptial agreements or prenuptial contracts in
Connecticut including the Premarital Agreement Act.
DEFINITION:

“An issue of unconscionability of a premarital agreement
shall be decided by the court as a matter of law.” Conn.
Gen. Stat. § 46b-36g(c)(2013). [Effective October 1, 1995,
and applicable to premarital agreements executed on or
after that date]
STATUTES:

Conn. Gen. Stat. (2013)
Chapter 815e. Marriage
Note: You can visit
your local law library
or search the most
recent statutes and
public acts on the
Connecticut General
Assembly website to
confirm that you are
using the most up-todate statutes.
CASES:
§ 46b-36g. Enforcement of premarital agreement. [“. . .
shall take effect October 1, 1995, and shall apply to any
premarital agreement executed on or after that date.”]
§ 46b-36h. Enforcement of premarital agreement when
marriage void
§ 46b-36i. Statute of limitations re claims under
premarital agreement
§ 46b-36j. Premarital agreements made prior to October
1, 1995, not affected

Note: Once you have
identified useful
cases, it is important
to update the cases
before you rely on
them. Updating case
law means checking
to see if the cases
are still good law.
You can contact your
local law librarian to
learn about the tools
available to you to
update cases.
Schoenborn v. Schoenborn, 144 Conn. App. 846, 854-855
(2013). “[A]ntenuptial agreements relating to the property
of the parties, and more specifically, to the rights of the
parties to that property upon the dissolution of the
marriage, are generally enforceable …[if] the circumstances
of the parties at the time the marriage is dissolved are not
so beyond the contemplation of the parties at the time the
contract was entered into as to cause its enforcement to
work injustice.” (Emphasis in original; internal quotation
marks omitted.) Crews v. Crews, 295 Conn. 153, 167-68,
989 A.2d 1060 (2010).
“…the court concluded that “[d]espite the change in net
worth of the [defendant]the court does not find the
enforcement of the antenuptial agreement to be
unconscionable… The [plaintiff] at the time of the marriage
knew his fiancée was completing her dental residency and
she was a dentist at the time of the marriage. The increase
in her income and a resultant increase in her net worth
were certainly foreseeable.”

Oldaniv. Oldani, 132 Conn. App. 609, 624,37 A.3d 173
(2012). “Our Supreme Court has determined that, to be
“fair and reasonable,”a party’s disclosure does not need to
be exact but must at least provide a general approximation.
Focusing on the information disclosed by the plaintiff, our
plenary review of the record reveals that, although the
plaintiff may have provideda sufficient approximation of his
property holdings and other financial obligations, he failed
to provide the defendant with sufficient information
regarding his income prior to her signing the prenuptial
agreement. Because the plaintiff failed to meet this burden
Premarital and Postnuptial Agreements -26
Note: Once you have
identified useful
cases, it is important
to update the cases
before you rely on
them. Updating case
law means checking
to see if the cases
are still good law.
You can contact your
local law librarian to
learn about the tools
available to you to
update cases.
to inform, it was not legally and logically correct for the
court to have determined that the prenuptial agreement
was enforceable.”

Brodyv. Brody, 136 Conn. App. 773, 790-791, 51 A.3d
1121(2012). “The defendant argues that the court’s
requirement that he transfer to the plaintiff his interest in
the Husted Lane property as security for the alimony award
constitutes an impermissible transfer of legal title of his
separate assets to the plaintiff. He asserts that the Husted
Lane property is part of his premarital net worth under the
parties’ prenuptial agreement and that, accordingly, any
order transferring his interest to the plaintiff is improper.
This argument is without merit.”
“Nothing in the parties’ prenuptial agreement prevented the
court from ordering that the Husted Lane property would
serve as security for the court’s alimony award under §46b82. The prenuptial agreement, by its clear terms, is
concerned with equitable distributions of property under §
46b-81, not alimony awards. The court was free to order,
within its broad discretion to make alimony awards, that the
defendant’s interest in the Husted Lane property would
serve as security for his alimony obligation.”

Light v. Light, 55 Conn. L. Rptr. No. 4, 145 (February 25,
2013), 2012 WL 6743605. “According to the plaintiff, the
United States Supreme Court determined that courts have
power to resolve disputes between religious parties so long
as the court can do so based on neutral principles of law.”
[page 146]
“The issue presented to this court appears to be one of first
impression in Connecticut.”
[page 147]
“In the present case, a determination as to whether a
prenuptial agreement is enforceable would not require the
court to delve into religious issues. Determining whether the
defendant owes the plaintiff the specified sum of money
does not require the court to evaluate the proprieties of
religious teachings. Rather, the relief sought by the plaintiff
is simply to compel the defendant to perform a secular
obligation…”
[page 148-49]

Winchester v. McCue, 91 Conn. App. 721,727-728, 882
A.2d 143, 147 (2005). “Testimony revealed… that the
parties dated for several years before they were married.
Neither party disputes that during the courtship, that
parties shared expenses and became knowledgeable of the
other’s standard of living and spending habits. As noted in
McHugh, failure to disclose financial information in the
prenuptial agreement is not fatal so long as the other party
has independent knowledge of the same.’ The court
observed in its decision that although neither party had
expressly disclosed their respective incomes on the financial
Premarital and Postnuptial Agreements -27
statements annexed to the agreement, the agreement was
nevertheless valid because the parties had ‘independent
knowledge,’…”

Friezo v. Friezo, 281 Conn. 166, 204, 914 A.2d 533
(2007).“In McHugh, this court articulated the principle that ,
because the parties to a prenuptial agreement stand in a
relationship of mutual confidence, “[t]he duty of each party
to disclose the amount, character, and value of individually
owned property, absent the other’s independent knowledge
of the same, is an essential prerequisite to a valid
antenuptial agreement containing a waiver of property
rights….The burden is not on either party to inquire, but on
each to inform for it is only by requiring full disclosure of
the amount, character, and value of the parties’ respective
assets that courts can ensure intelligent waiver of the
statutory rights involved” (Emphasis added. Citations
omitted; internal quotation marks omitted.) McHugh v,
McHugh, supra, 181 Conn. At 486-87, 436 A.2d 8.

Dornemann v. Dornemann, 48 Conn Supp. 502, 503, 37
Conn. L. Rptr. 74 (2004). “The plaintiff asserts that the
premarital agreement is unenforceable for four
reasons.First, written financial disclosures were not attached
to it. Second, it was executed by the plaintiff as the result of
undue influence and lack of free will.Third, it was not signed
by the defendant and, therefore, was not in proper form.
Fourth, and finally, it was not delivered to the plaintiff after
signature by the defendant.”
[Page 503]
“The plaintiff's claim that enforcement of the premarital
agreement would be unconscionable has been reserved and
will be addressed at the trial of this case. The plaintiff
executed a prenuptial agreement after adequate financial
disclosures, willingly and voluntarily. There was no coercion
or undue influence. The defendant's failure to sign the
contract prior to the marriage did not invalidate the
contract. He assented to the bargain by marrying the
plaintiff on April 13, 1997.
The plaintiff's motion in limine to preclude evidence of the
Premarital Agreement is denied.”
[Page 521]

DeFusco v. DeFusco, Superior Court, Judicial District of
Hartford-New Britain at Hartford, No. FA87 33 88 48 (Jan.
14, 1991)(3 Conn. L. Rptr. 145, 150 ) (1991 WL 27854). "2.
The Plaintiff was not fully informed by Defendant of the
amount, character, and value of the estate. 3…Plaintiff first
saw the final draft minutes before she signed it. 4. Plaintiff
was not represented by counsel at any time during the
preparation and execution of the document… On all of the
evidence it is found that the ante-nuptial agreement is
invalid and unenforceable."

McHugh v. McHugh, 181 Conn. 482, 436 A.2d 82, 436 A.2d
82 (1980). Three prong test of validity of prenuptial
agreements.
Premarital and Postnuptial Agreements -28
DIGESTS:

West’s Connecticut Digest: Husband and Wife
II. Marriage settlements
§27.
§29.
§31.
§34.
§35.
TEXTS &
TREATISES:

Statutory provisions
Antenuptial settlements
Construction and operation
Evidence
Enforcement
8A Arnold H. Rutkin et al., Connecticut Practice Series,
Family Law And Practice With Forms (3d ed. 2010).
Chapter 48. Premarital and Postnuptial Agreements
§ 48.5. Disclosure requirements
§ 48.6. Legal representation in connection with
agreement
§ 48.7. Allowable purposes--Generally
§ 48.12. Enforcement of agreements—Generally
§ 48.13. General defenses to enforcement of
agreements—Agreements governed by statute
§ 48.14. ---- Agreements governed by common law
§ 48.15. ---- Enforcement of agreements---Specific
considerations
§ 48.17 Postnuptial agreements

5 Arnold H. Rutkin, Family Law and Practice (2012).
Chapter 59. Antenuptial agreements
§ 59.04. Execution and validity of agreements
§ 59.06. Rules of enforcement, modification or avoidance
§ 59.07. Effect of divorce or separation decree
§ 59.08. Declaratory judgment; Arbitration and
mediation

2 Alexander Lindey and Louis I. Parley, Lindey And Parley on
Separation Agreements and Antenuptial Contracts(2d ed.
1999).
Chapter 110. Antenuptial (Premarital) Agreements
§ 110.65. Fraud, duress, undue influence
§ 110.66. Reasonableness; unconscionability
§ 110.67. Disclosure; knowledge
§ 110.68. Counsel
§ 110.69. Public policy
§ 110.71. Burden of proof
§ 110.75. Breach; remedies; defenses
§110.76. Uniform Premarital Agreement Act
[7]. Enforcement

Ralph H. Folsom, Probate Litigation in Connecticut (2d ed.
2002).
Chapter 1. Will and Lifetime Transfer Contests
§ 1:24. Premarital agreements
ENCYCLOPEDIA:
 Jay M. Zitter, Annotation, Application, Recognition, or
Consideration of Jewish Law by Courts in the United States,
81 ALR6th 1 (2013). (Available in the Law Libraries via
electronic database).
III.B. Wife’s monetary rights under Ketuba or similar religious
Premarital and Postnuptial Agreements -29
prenuptial agreement
§20. Enforcing provision requiring husband’s continuing
payment until Get [Bill of divorcement] furnished
Cases cited:
o Light v. Light, 55 Conn. L. Rptr. No. 4, 145 (February
25, 2013), 2012 WL 6743605
o Lashgari v. Lashgari, 197 Conn. 189, 496 A.2d 491
(1985).
LAW REVIEWS:
Note: Public access
to law review
databases is
available on-site at
each of our law
libraries. The law
libraries currently
have access to
HeinOnline and
LegalTrac.

Cheryl I. Foster, When Prenup and Religious Principles
Collide: Anticipating Faith, Marriage, and the Possibility of
Divorce, 33 Family Advocate 34 (2011).

William H. DaSilva, Making it Stick: The 5 Requisites of an
Enforceable Agreement, 33 Family Advocate 27 (2011).
Premarital and Postnuptial Agreements -30
Table 4: Enforcement of Antenuptial Agreement
Conn. Gen. Stats. § 46b-36g(2013)
[Effective October 1, 1995, and applicable to premarital agreements
executed on or after that date]
(a) A premarital agreement or amendment shall not be enforceable if the party
against whom enforcement is sought proves that:
(1) Such party did not execute the agreement voluntarily; or
(2) The agreement was unconscionable when it was executed or when
enforcement is sought; or
(3) Before the execution of the agreement, such party was not provided a fair
and reasonable disclosure of the amount, character and value of property,
financial obligations and income of the other party; or
(4) Such party was not afforded a reasonable opportunity to consult with
independent counsel
(b) If a provision of a premarital agreement modifies or eliminates spousal support
and such modification or elimination causes one party to the agreement to be
eligible for support under a program of public assistance at the time of separation
or marital dissolution, a court, notwithstanding the terms of the agreement, may
require the other party to provide support to the extent necessary to avoid such
eligibility.
(c) An issue of unconscionability of a premarital agreement shall be decided by the
court as a matter of law.
Premarital and Postnuptial Agreements -31
Table 5: Surveys of State Premarital Agreement Laws
Subject
Source
Adoption of Uniform Premarital
Agreement Act
* Lindey § 110.97. Footnote 1
Affirmative duty to disclose
information
*Lindey § 110.93. Footnote 1 lists states
where there is an affirmative duty to disclose
information between contracting parties.
Allocation of burden of proof if
agreement facially unfair
* Lindey § 110.96. Footnote 1
Public policy violations relating
to child custody, child support,
alimony, property and estate
interests
*Lindey § 110.69. Various footnotes
Reasonableness
*Lindey § 110.66. Footnote 1 lists states
which evaluate the reasonableness for wife.
Footnote 3, states requiring to both husband
and wife.
Recognition of alimony
provisions
* Lindey § 110.95. Footnote 1
Recognition of premarital
agreements
*Lindey § 110.90 [1]. Footnote 1 lists states
which recognize the validity of premarital
agreements using common law.
.§ 110.90 [2]. Footnote 2 by statute.
Recognition of property division
provisions
* Lindey § 110.94. Footnote 1
Requirement of written
agreement
* Lindey § 110.91. Footnote 1 lists states
where statutes of fraud requires agreement
to be in writing. Footnote 2 lists states with
particular statute.
* 2 Alexander Lindey and Louis I. Parley, Lindey And Parley on Separation
Agreements and Antenuptial Contracts (2d ed. 1999).
Chapter 110. Antenuptial (Premarital) Agreements.
Premarital and Postnuptial Agreements -32
Section 6: Modification or Revocation
A Guide to Resources in the Law Library
SCOPE:
 Bibliographic resources relating to the modification and
revocation of prenuptial agreements or contracts in
Connecticut including those executed under the Premarital
Agreement Act.
DEFINITIONS:
 Amending or revoking: “After marriage, a premarital
agreement may be amended or revoked only by a written
agreement signed by the parties. The amended agreement
or the revocation shall be enforceable without
consideration.” Conn. Gen. Stat. § 46b-36f.(2013) [effective
October 1, 1995 and applicable to premarital agreements
executed on or after that date].
 Appellate Standard of Review: “‘An appellate court will
not disturb a trial court's orders in domestic relations cases
unless the court has abused its discretion or it is found that
it could not reasonably conclude as it did, based on the facts
presented. . . .In determining whether a trial court has
abused its broad discretion in domestic relations matters,
we allow every reasonable presumption in favor of the
correctness of its action.’” (Internal quotation marks
omitted.) Aley v. Aley, 101 Conn. App. 220, 223, 922 A.2d
184 (2007). Rosier v.Rosier, 103 Conn. App. 338, 928 A.2d
1228 (2007).
STATUTES:
Note: You can visit
your local law library or
search the most recent
statutes and public acts
on the Connecticut
General Assembly
website to confirm that
you are using the most
up-to-date statutes.
FORMS:
 Conn. Gen. Stat. (2013)
Chapter 815e. Marriage
§ 46b-36f. After marriage, a premarital agreement may
be amended or revoked only by a written agreement
signed by the parties.
 2 Alexander Lindey and Louis I. Parley, Lindey And Parley
on Separation Agreements and Antenuptial Contracts (2d
ed. 1999).
Chapter 110. Antenuptial (Premarital) Agreements
§ 110.32. Amendment—Form
§ 110.39. Cancellation of Antenuptial Agreement—Form
§ 110.40. "Sunset" provision—Form
 Gary N. Skoloff et al., Drafting Prenuptial Agreements
(2003) [includes CD-ROM].
Appendix 3: Amendments or Addenda to Prenuptial
Agreements
Appendix 4: Revocation of Prenuptial Agreement
CASES:
 Peterson v. Sykes-Peterson, 133 Conn. App. 660, 664-65,
37 A.3d 173 (2012). “Article XII of the prenuptial
agreement, the sunset provision, provides in its entirety:
‘This Agreement shall become null and void and of no
further force and effect upon the seventh (7th) anniversary
Premarital and Postnuptial Agreements -33
Note: Once you have
identified useful cases,
it is important to
update the cases
before you rely on
them. Updating case
law means checking to
see if the cases are
still good law. You can
contact your local law
librarian to learn about
the tools available to
you to update cases.
of the parties’ marriage.’ The plaintiff argues that it was
unreasonable for the court to have applied the sunset
provision because the plaintiff had filed the dissolution
action in March, 2007, several months prior to the parties’
seventh wedding anniversary on July 14, 2007. The plaintiff
suggests that if the sunset provision is read in the context
of the entire agreement, it is clear that the parties intended
that the agreement should expire only if the parties were
still happily married and actually celebrating their seventh
wedding anniversary, rather than in the midst of divorce
proceedings. The defendant responds that the court
properly construed the sunset provision, which sets forth in
clear and unambiguous language that the prenuptial
agreement would become null and void if the parties
remained married on July 14, 2007. We agree with the
defendant.”
DIGESTS:
 West’s Connecticut Digest: Husband and Wife
II. Marriage settlements
§33. Revocation or extinguishment
WEST KEY
NUMBERS:
 West Key Number: Husband and Wife
# 32.5. Modification
# 33. Revocation or extinguishment
ENCYCLOPEDIAS:
 41 Am. Jur. 2dHusband and Wife (2005).
§84. Enforceability of certain provisions
§85. Enforceability of certain provisions-support,
maintenance, or alimony upon divorce
§ 106. Discharge; release; alteration by parties;
generally
TEXTS &
TREATISES:
 8A Arnold H. Rutkin et al., Connecticut Practice Series,
Family Law And Practice With Forms (3d ed. 2010).
Chapter 48. Premarital Agreements
§ 48.8. Particular Clauses--generally
§ 48.16. Amendment or revocation of agreement
 2 Alexander Lindey and Louis I. Parley, Lindey And Parley
on Separation Agreements and Antenuptial Contracts (2d
ed. 1999).
Chapter 110. Antenuptial (Premarital) Agreements
§ 110.72. Modification; revocation
 5 Arnold H. Rutkin, gen. ed., Family Law and Practice
(2012).
Chapter 59. Antenuptial Agreements
§ 59.06. Rules of enforcement, modification or
avoidance
 9C Uniform Laws Annotated (2001)
Uniform Premarital Agreement Act
§ 5. Amendment, revocation.
Premarital and Postnuptial Agreements -34
Section 7: Federal Tax Aspect
A Guide to Resources in the Law Library
SCOPE:
 Bibliographic resources relating to the federal tax aspects of
premarital agreements in Connecticut.
DEFINITIONS:
 Full and adequate consideration. “In an antenuptial
agreement the parties agree, through private contract, on
an arrangement for the disposition of their property in the
event of death or separation. Frequently, in exchange for
the promises of property, one party agrees to relinquish his
or her marital rights in other property. Occasionally,
however, the relinquishment of marital rights is not
involved. These contracts are generally enforceable under
state contract law . . . . Nonetheless, transfers pursuant to
an antenuptial agreement are generally treated as gifts
between parties, because under the gift tax law the
exchange promises are not supported by full and adequate
consideration, in money or money’s worth.” (emphasis
added). Green v. Commissioner of Internal Revenue, T.C.
Memo 1987-503.
STATUTES:
 26 U.S.C. (2014) Internal Revenue Code
§
§
§
§
2043(b). Transfers for insufficient consideration
2053(c)(1)(A). Expenses, indebtedness, and taxes
2056. Bequests, etc., to surviving spouse
2511. Transfers in general
REGULATIONS:
 26 CFR 25.2512-8 (2014). Transfers for insufficient
consideration
CASES:
 Estate of Herrmann v. Commissioner of Internal Revenue,
85 F.3d 1032, 1036 (2d Cir. 1996). “ . . . the right that
Harriet traded away in return for a life interest in her
husband’s apartment was not ‘adequate and full
consideration in money or money’s worth’ under [IRC] §
2053(c)(1)(A).”
Note: Once you have
identified useful cases,
it is important to
update the cases
before you rely on
them. Updating case
law means checking to
see if the cases are
still good law. You can
contact your local law
librarian to learn about
the tools available to
you to update cases.
 Commissioner of Internal Revenue v. Wemyss, 324 U.S.
303, 304, 65 S. Ct.652, 89 L.Ed. 958(1945). “…On Mrs.
More’s unwillingness to suffer loss of her trust income
through remarriage the parties…entered upon an agreement
whereby taxpayer transferred to Mrs. More a block of shares
of stock. Within a month they were married. The
Commissioner ruled that the transfer of stock,…was subject
to the Federal Gift Tax,…”
 Merrill v. Fahs, 324 U.S. 308, 309-10. 65 S.Ct. 655, 89
L.Ed. 963 (1945). “…taxpayer, the petitioner, made an
antenuptial agreement with Kinta Desmare….By the
arrangement entered into the day before their marriage,
taxpayer agreed to set up within 90 days after marriage an
irrevocable trust…to conform to Miss Desmare’s wishes…On
their gift tax return…both reported the creation of the trust
but claimed no tax was due. The Commissioner, however,
determined a deficiency …in taxpayer’s return in relation to
Premarital and Postnuptial Agreements -35
the transfer…”
DIGESTS:
 West Key Number: Internal Revenue # 4159(7)
ENCYCLOPEDIAS:
 Maurice T. Brunner, Annotation, Construction And
Application Of Statutes Apportioning Or Prorating Estate
Taxes, 71 ALR3d 247 (1976).
§ 10[b]. Where spouse’s right rests on contract
 Maurice T. Brunner, Annotation, Devise Or Bequest
Pursuant To Testator’s Contractual Obligation As Subject To
Estate, Succession, Or Inheritance Tax, 59 ALR3d 969
(1974).
§ 6. Antenuptial or postnuptial contracts
TEXTS &
TREATISES:

2 Alexander Lindey and Louis I. Parley, Lindey and Parley
on Separation Agreements and Antenuptial Contracts (2d
ed. 1999).
§ 110.77. Taxes
[1] Federal gift taxes
[2] Federal estate taxes

12 Jacob Rabkin and Mark H. Johnson, Current Legal Forms
(2009).
Chapter 10. Domestic Relations
§ 10.09. Antenuptial agreements
[1] Establishing spouse’s rights
[2] Gift under antenuptial agreements
[3] Estate taxation

Gary N. Skoloff et al., Drafting Prenuptial Agreements
(2003) [includes CD-ROM].
Part XIV. Estate planning considerations for premarital
agreements
Premarital and Postnuptial Agreements -36
Section 8: State Tax Aspect
A Guide to Resources in the Law Library
SCOPE:

Bibliographic resources relating to the state tax aspects of
premarital agreements in Connecticut.
STATUTES:

Conn. Gen. Stat. (2013)
§ 12-341. Taxable transfer for persons dying on and
after July 1, 1959 and prior to July 1, 1963
Note: You can visit
your local law library
or search the most
recent statutes and
public acts on the
Connecticut General
Assembly website to
confirm that you are
using the most upto-date statutes.
ENCYCLOPEDIAS:
§ 12-341b. Taxable transfer for persons dying on and
after July 1, 1963
(e) in payment of a claim against the estate of a
deceased person arising from a contract made by
him and payable by its terms at or after his death,
but a claim created by an antenuptial agreement
made payable by will shall be considered as creating
a debt against the estate and shall not constitute a
taxable transfer. If any transfer specified in
subdivisions (c), (d) and (e) of this section is made
for a valuable consideration, so much thereof as is
the equivalent in money value of the money value of
the consideration received by the transferor shall not
be taxable, but the remaining portion shall be
taxable. If it becomes necessary or appropriate in
ascertaining such value to use mortality tables, the
American Men's Ultimate Mortality tables at four per
cent compound interest shall be used, so far as
applicable.

Maurice T. Brunner, Annotation, Devise Or Bequest
Pursuant To Testator’s Contractual Obligation As Subject To
Estate, Succession, Or Inheritance Tax, 59 ALR3d 969
(1974).
§ 6. Antenuptial or postnuptial contracts
TEXTS &
TREATISES:

Gayle B. Wilhelm, Connecticut Estate Practice: Death Taxes
(4th ed. 2013).
Chapter 6. The Succession Tax
§ 6:3. Types of transfers affected
§ 6:7. Transfers by antenuptial agreement or other
contract
Premarital and Postnuptial Agreements -37
Appendix: Legislative Histories in the Connecticut Courts
Dornemann v. Dornemann, 48 Conn. Sup.502, 516-520, 850 A.2d 273 (2004).
There is useful legislative history for the act. When the joint judiciary committee of
the General Assembly held public hearings on March 17, 1995, the committee took
testimony from Edith F. McClure of the Family Law Committee of the Connecticut Bar
Association. The Family Law Committee of the Bar Association drafted the act. The
statement of purpose from the Family Law Committee of the Connecticut Bar
Association began as follows: "The purpose of the proposed Act is to achieve by
legislation a statement of public policy recognizing the efficacy of agreements for the
management and control of property and personal rights and obligations of spouses.
. . . The purpose of the Act is to provide certainty as to the enforceability of the
provisions in premarital agreements. . . ." Conn. Joint Standing Committee Hearings,
Judiciary, Pt. 7, 1995 Sess., p. 2492. "[T]estimony before legislative committees
may be considered in determining the particular problem or issue that the legislature
sought to address by the legislation. . . . This is because legislation is a purposive act
. . . and, therefore, identifying the particular problem that the legislature sought to
resolve helps to identify the purpose or purposes for which the legislature used the
language in question." (Internal quotation marks omitted.) Dowling v. Slotnik, 244
Conn. 781, 804, 712 A.2d 396, cert. denied sub nom. Slotnik v. Considine, 525 U.S.
1017, 119 S.Ct. 542, 142 L.Ed.2d 451 (1998).
"In determining whether the use of the word `shall' is mandatory or directory, the
test is whether the prescribed mode of action is of the essence of the thing to be
accomplished. . . . That test must be applied with reference to the purpose of the
statute." (Internal quotation marks omitted.) Sears, Roebuck & Co. v. Board of Tax
Review, 241 Conn. 749, 760, 699 A.2d 81 (1997). The signature of the party seeking
enforcement of the terms of the contract is not a necessity. So long as he performs
his obligations under the contract, his signature is superfluous from a practical point
of view. In the present case, the defendant married the plaintiff. In so doing, he
acted in reliance upon the plaintiff's signing of the premarital agreement. The
certainty-of-enforceability purpose of the statute is achieved when the person who is
disavowing the validity of the document has signed it intelligently and willingly.
Having reaped the benefit of the signing, the plaintiff may not now disavow the
burdens she assumed as her part of the contract. "One enjoying rights is estopped
from repudiating dependent obligations which he hasassumed; parties cannot accept
benefits under a contract fairly made and at the same time question its validity."
Schwarzschild v. Martin, 191 Conn. 316, 321, 464 A.2d 774 (1983).
A colloquy that took place on the floor of the House of Representatives on May 23,
1995, addressed issues relating to technical noncompliance with the act as opposed
to substantive noncompliance. As the proponent of the act, Representative Ellen
Scalettar of the 114th assembly district responded, through Deputy Speaker Wade A.
Hyslop, Jr., to questions put by Representative Richard O. Belden of the 113th
assembly district:
"[Representative Belden]: Mr. Speaker, just a question, through you to the
proponent please. Mr. Speaker, with the enactment of this legislation, if somebody
had signed some other agreement or it didn't comply with this statute, would it have
the legal effect of a contract anyway?Through you, Mr. Speaker. . . .
"[Representative Scalettar]: Through you, Mr. Speaker. Yes, it would still be a valid
contract. In fact, the bill specifically provides in Section 10 that it will not be deemed
Premarital and Postnuptial Agreements -38
to affect the validity of any premarital agreement made prior to the effective date of
the Act. . . .
"[Representative Belden]: Then, through you, Mr. Speaker, how about a separate
agreement made after the effective date that did not entirely comply with the
legislation before us? . . .
"[Representative Scalettar]: Through you, Mr. Speaker. I think the non-compliance
would be subject to interpretation by the courts in that circumstance. The language
is very broadly written. And I can't really foresee a circumstance where this bill, if
enacted, would prevent enforcement of an agreement. . . .
Page 519
"[Representative Belden]: Thank you, Mr. Speaker. What I'm attempting to get into
the record here is whether this is a mandate that the only way you can have a
premarital agreement in the state of Connecticut is by following this statute or
whether or not two consenting adults following a standard contract type format
could, in fact, enter into any type of agreement they care to and still be valid. And
that's what I'm trying to get in the record, Mr. Speaker, through you to
Representative Scalettar. If I perchance decided to, if for some reason, was single
and decided to marry next year and entered into a contract that was different than
the requirements of this file, would it be enforceable? Through you, Mr. Speaker. . . .
"[Representative Scalettar]: Through you, Mr. Speaker. It's very difficult to answer
in the abstract. I believe that most agreements would be enforceable because I
can't, as I said, I can't really foresee circumstances where the conditions would be in
such noncompliance as to render the agreement invalid. But, for example, if the
agreement adversely affected the rights of a child, which is in violation of the
statute, I do not believe that would be enforceable. It would depend on the actual
terms of the agreement." 38 H.R. Proc., Pt. 9, 1995 Sess., pp. 3212-14.
Representative Belden used the word "mandate" to question whether the intent of
the act was to supplant common law premarital contracts or merely to steer the
process into a standardized form. The discussion that took place on the floor of the
House suggests that the legislature intended to do the latter. Shortly after the
dialogue between Representatives Belden and Scalettar, the act passed the House
with no dissenting vote.
The legislative history confirms that the purpose of the act is to recognize the
legitimacy of premarital contracts in Connecticut, not to constrain such contractsto a
rigid format so as to limit their applicability. The legislature's use of the word "shall"
in § 46b-36c is directory rather than mandatory as to the signature of the party
seeking to enforce the premarital agreement. A signature by the party seeking to
enforce the contract is a matter of convenience rather than a matter of substance. It
is the signature of the party seeking to invalidate the force of the contract that is of
the essence in order to assure enforceability.
Premarital and Postnuptial Agreements -39